Distributing intimate image
53S Distributing intimate image
S. 53S inserted by No. 38/2022 s. 22.
A person (A) commits an offence if—
A intentionally distributes an image depicting another person (B); and
the image is an intimate image; and
A knows that the image is, or probably is, an intimate image; and
the distribution of the intimate image is contrary to community standards of acceptable conduct.
Examples
1 A person (A) intentionally posts a photograph of another person (B) on a social media website without B's consent and the photograph depicts B engaged in a sexual activity.
2 A person (A) sends a photograph of a person (B) to another person (C) using an instant messaging service without B's consent and the photograph depicts B's genital or anal region.
3 A parent emailing a photo of their naked newborn child to a family member or a friend may not be an offence against this section because of subsection (1)(d).
A person who commits an offence against subsection (1) is liable to 3 years imprisonment.
A does not commit an offence against subsection (1) if—
B is not a child; and
at the time of the distribution of the intimate image, B consented to—
A distributing the intimate image; and
how the intimate image was distributed.
A does not commit an offence against subsection (1) if—
B is not a child; and
the intimate image had been distributed previously in a place to which members of the public had access, irrespective of whether—
that place was accessible on the Internet or not; and
access was free or for a payment of a fee; and
B consented, or a reasonable person would believe that B consented, to that previous distribution; and
in all the circumstances, a reasonable person would believe that B consented to the distribution of the intimate image to which the charge relates.
Note
A mistaken but honest belief that the distribution of the intimate image is not contrary to community standards of acceptable conduct is not a defence to this offence—see section 53V.
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